Akien v. State

The issue presented is whether the trial court erred by admitting the victim’s telephone call to 911 as an excited utterance. We find the trial court did not err, and we affirm the conviction and sentence imposed.

The victim, who at the time was seventeen years old, went to sleep only to be awoken some time later by a man with his hand around her neck. The assailant threatened to kill her if she did not stop fighting and increased pressure to her neck. A blanket was placed around the victim’s face so she was unable to see, and she was unable to recognize the man’s voice. The man removed her…